Strengthening the judiciary: a must for democracy

Abdelaziz_karraky-250 By: Abdelaziz Karraky

110427-zawaya-photo

Any humane person would get emotional if someone is imprisoned because of their political views, and when someone is released after being acquitted of political charges.

Through the Equity and Reconciliation Commission, Morocco studied the phenomenon of political detention in the country from its independence to 1999, and many abuses were detected; then people believed that such things would never happen again.

However, May 16 events of and the ensuing panic led to the introduction of an emergency legislation to combat terrorism, under which many freedoms were lost and several rights were violated, including the right to fair trial. Consequently, the process of transitional justice did not prevent painful history from repeating itself; so people became suspicious, and it was hard to convince them and justify what happened.

Then the February 20 Movement emerged to demand political and human rights reforms, including the release of all political prisoners. This accelerated the pace of reforms to include, in a very short time span, launching an institutional reform that covers a number of human rights institutions, starting constitutional workshops, and releasing the first group of political prisoners of many others to come.

It’s a known fact that there are institutional problems if democracy fails to manage existing conflicts within society, and if the law is unable to ensure equality and protect freedoms and rights.

The issue becomes truly provoking when the Audit Court proves some people to be guilty of squandering public funds needed for development, and they remain free; while others get long prison sentences because of charges that are hardly believed to be criminal.

No one can deny the importance of releasing political prisoners, but what’s even more important is to develop mechanisms that prevent imprisonment for exercising one’s rights and freedoms, or because of one’s political views. This can only be achieved by rehabilitating the judiciary system, and granting it all the powers that enable it to become a real authority whose primary concern is the protection of rights and freedoms. To do that, we need a State of law founded on the following pillars:

• Resorting to the Constitution as a reference that regulates institutional work and guarantees the priority of rights and freedoms;

• Making sure all State bodies help individuals fully enjoy and exercise their rights and freedoms.

• Having the elected majority in power;

• Institutionalizing the opposition and enabling it to gain access to power peacefully;

• Choosing leaders through free and fair elections.

Your Comments

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Anonymous About about 1 year ago

Good evening. Any normal person cannot but be happy for the detainees released after a bitter suffering. However, we should consider today developing mechanisms that will put an end, once and for all, to political imprisonment, because it’s a form of injustice, tyranny and anti-liberty. Democracy is not consistent at all with political imprisonment, and any country that allows it is democratically deficient.

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Anonymous About about 1 year ago

You think the rule of law is the solution to all evils, but that remains to be seen, because this type of organization already exists in Morocco, and couldn’t prevent human rights violations. I think that we first need to insist on having political will as a guarantee that will give meaning to all political subjects.

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Anonymous About about 1 year ago

The article you published this week is truly interesting, and I want to comment on it to discuss with you the contents of the rule of law which remains a set of static and empty structures as long as it’s not linked to the rule of law. However, Sir, it should be emphasized that despite the difficulties it’s facing, Morocco could achieve a different development path from what’s found in the Maghreb. Therefore, the country was envied and, its path was hindered but still succeeded to be crowned by an institutional reform based on a participatory dynamic. Therefore, I would like to reiterate that Morocco, and all Maghreb countries, have to stick to democracy as an irreversible solution, because it’s the best.

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Anonymous About about 1 year ago

A democratic Constitution can indeed ensure political stability, provided that it offers peaceful power alternation mechanisms that allow the opposition to gain access to power without trying to exclude its own opponents. I think that’s the difference between a State that has an effective Constitution, and a State that has a formal Constitution adorning structures with no effectiveness. Morocco is qualified for this practice, but it has to be careful, because there are parties that get annoyed by the promising dynamic prevailing in the country; the events of Marrakech are the biggest proof on that.

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Anonymous About about 1 year ago

History is repeating itself. Abuses have continued since 1999 to this day, especially after the bombings of Casablanca in 2003, whose perpetrators are still unknown. ??? The release of political prisoners is an undeniable progress, but there is still some confusion: how come that all the released detainees had only a few weeks remaining in their sentences? And why were unfairly imprisoned detainees excluded? If Morocco is really serious in tackling this issue, it should release them, and reveal the real culprits of these events and punish them. For how long will Moroccans be underestimated, treated like fools, and told that those detainees were behind the bombings of 2003? The Moroccan people are aware of everything.

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Anonymous About about 1 year ago

I totally agree with you. As long as the rule of law is not initiated, all reforms will remain fragile. That’s why the nation’s vital forces must fight to protect and preserve the gains achieved so far. Despite all the ills of poverty, illiteracy,… political life in Morocco is governed by the Constitution. There is a wide margin of freedom, but what worries me is that we haven’t instilled democratic values ​​in the value system yet. Our elite that’s supposed to play a key role in political change does not tolerate diversity, and that’s what I think is the source of our misfortunes. Anyway, before concluding, I would like to thank Magharebia for giving us this free space to discuss and exchange ideas. And well-done zawayaaaaaaaaaaaaaaaaa / zilachi moumou.

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Anonymous About about 1 year ago

Today’s civil society and political parties in Morocco are required to maintain the gains of the Equity and Reconciliation Commission. The safest way to do that is probably to establish mechanisms and regulations that prevent past events from happening again, but that’s easier said than done. However, amidst the current institutional modernization in Morocco, this goal could be accomplished in an institutional way, by putting security institutions under the control of the parliament, which will monitor their financial decisions and how they manage security. Why not establish a public security policy approved by the Parliament, set priorities and allocate a specific financial budget for it? Consequently, accountability will be based on this practice, ensuring some sort of control that guarantees protecting human rights and not deviating in the exercise of power, on the one hand; and facilitating the work of institutions because objectives will be clear for security officials, on the other hand. The State will be the first to benefit from this procedure, because it will couple responsibility with accountability. Society will also benefit from that because it will have more time for other issues. Tanjaoui Allal.

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Anonymous About about 1 year ago

First of all, it’s worth mentioning that freeing political detainees is not a new practice, as the 90s marked a turning point for human rights with the first releases in 1989 and the 1994 amnesty. Since then, the State committed to democracy to avoid repeating past mistakes, and strengthen the rule of law and respect human rights. It took us a long time to get to this point due to the lack of reliable institutions and governance bodies as you mentioned. Freeing political prisoners is constantly happening in 2011 throughout several Arab countries but for different motives. Syria, for example, released 260 political prisoners – mostly Islamists – in order to calm down the recent uprising. In Tunisia, the general amnesty for political prisoners aims to pave the way for peaceful elections. Egypt released 222 political prisoners as well, following one of the major claims of youth groups and opposition movements who too took part in the anti-regime revolt. As you can see, the reasons behind the release of political detainees vary from one country to another, and in many instances democracy is not an end in itself. As for our country, it’s extremely crucial to make everyone responsible for the country’s future by granting people the freedom to criticize, contradict, suggest and participate in the construction of a new, free and democratic Morocco.

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Anonymous About about 1 year ago

Dear Professor, you tackled the judiciary and the need to strengthen it to achieve democracy, and your article fits in the context of the ongoing judiciary-centered debate today in many Maghreb countries. It seems to me that this debate puts the judiciary on one side, and all other powers on the other side, which might make us go off-topic. When it comes to reform, it should include all areas. The judiciary did not come down from heaven with holy water, nor did not come out of the underground; it’s rather the outcome of society, and no reform can be achieved without society at its core.

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